Senate BillNo. 1064


Introduced by Senator Hancock

February 16, 2016


An act to amend Sections 18259 and 18259.3 of, to amend the heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of, and to repeal Sections 18259.1 and 18259.5 of, the Welfare and Institutions Code, relating to sexually exploited minors.

LEGISLATIVE COUNSEL’S DIGEST

SB 1064, as introduced, Hancock. Sexually exploited minors.

Existing law, until January 1, 2017, authorizes the Counties of Alameda and Los Angeles respectively, to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified.

This bill would extend the operation of this project indefinitely and expand its application to all counties. The bill would also expand the definition of a “commercially sexually exploited minor” to include, among others, a minor who has been adjudged a dependent of the juvenile court because he or she is a commercially sexually exploited child, and would create a presumption that, if a minor has been arrested for engaging in prostitution, or is the subject of a petition to adjudge him or her a dependent of the juvenile court because he or she is a commercially sexually exploited child, he or she is a commercially sexually exploited minor for the purposes of that definition.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The heading of Chapter 4.3 (commencing with
2Section 18259) of Part 6 of Division 9 of the Welfare and
3Institutions Code
is amended to read:

4 

5Chapter  4.3. Sexually Exploited Minorsbegin delete Pilotend delete Project
6

 

7

SEC. 2.  

Section 18259 of the Welfare and Institutions Code is
8amended to read:

9

18259.  

(a) begin deleteThe County of Alameda, end deletebegin insertEach county, end insertcontingent
10upon local funding, may establish abegin delete pilotend delete project consistent with
11this chapter to develop a comprehensive, replicative,
12multidisciplinary model to address the needs and effective
13treatment of commercially sexually exploited minors who have
14been arrested or detained by local law enforcement for a violation
15of subdivision (a) or (b) of Section 647 or subdivision (a) of Section
16653.22 of the Penalbegin delete Code.end deletebegin insert Code, or who have been adjudged a
17dependent of the juvenile court pursuant to paragraph (2) of
18subdivision (b) of Section 300.end insert

19(b) Thebegin delete District Attorney of the County of Alameda,end deletebegin insert district
20attorney of each county,end insert
in collaboration withbegin insert the respectiveend insert county
21and community-based agencies, may develop, as a component of
22thebegin delete pilotend delete project described in this chapter, protocols for identifying
23and assessing minors, upon arrest or detention by law enforcement,
24who may be victims of commercial sexual exploitation.

25(c) Thebegin delete District Attorney of the County of Alameda,end deletebegin insert district
26attorney of each county,end insert
in collaboration withbegin insert the respectiveend insert county
27and community-based agencies that serve commercially sexually
28exploited minors, may develop, as a component of thebegin delete pilotend delete project
29described in this chapter, a diversion program reflecting the best
30practices to address the needs and requirements ofbegin delete arrested or
31detainedend delete
minors who have been determined to be victims of
32commercial sexual exploitation.

33(d) Thebegin delete District Attorney of the County of Alameda,end deletebegin insert district
34attorney of each county,end insert
in collaboration withbegin insert the respectiveend insert county
35and community-based agencies, may form, as a component of the
36begin delete pilotend delete project described in this chapter, a multidisciplinary team
37including, but not limited to, city police departments, the county
38sheriff’s department, the public defender’s office, the probation
P3    1department, child protection services, and community-based
2organizations that work with or advocate for commercially sexually
3exploited minors, to do both of the following:

4(1) Develop a training curriculum reflecting the best practices
5for identifying and assessing minors who may be victims of
6commercial sexual exploitation.

7(2) Offer and provide this training curriculum through
8multidisciplinary teams to law enforcement, child protective
9services, and others who are required to respond to arrested or
10detained minors who may be victims of commercial sexual
11exploitation.

12

SEC. 3.  

Section 18259.1 of the Welfare and Institutions Code
13 is repealed.

begin delete
14

18259.1.  

The District Attorney for the County of Alameda
15shall, on or before April 1, 2016, submit a report to the Legislature
16that summarizes the activities performed by the district attorney
17pursuant to this section, so that the Legislature may determine
18whether the pilot project should be extended or expanded to other
19counties prior to the repeal of this chapter pursuant to Section
2018259.5. The report shall, at a minimum, include the number of
21sexually exploited minors, if any, diverted by the program
22authorized in subdivision (c) of Section 18259, and a summary of
23the types of services and alternate treatments provided to those
24minors. This report shall be contingent upon local funding, and
25shall be required only if the County of Alameda establishes a pilot
26project and the district attorney performs any of the activities of
27the pilot project authorized by this chapter. The report shall not
28include any information that would reveal the identity of a specific
29sexually exploited minor.

end delete
30

SEC. 4.  

Section 18259.3 of the Welfare and Institutions Code
31 is amended to read:

32

18259.3.  

begin insert(a)end insertbegin insertend insert For purposes of this chapter, “commercially
33sexually exploited minor” means a person under 18 years of age
34whobegin delete hasend deletebegin insert is described by one or more of the following:end insert

35begin insert(1)end insertbegin insertend insertbegin insertHasend insert been abused in the manner described in paragraph (2)
36of subdivision (c) of Section 11165.1 of the Penal Code, and who
37has been detained for a violation of the law or placed in civil
38protective custody on a safety hold based only on a violation of
39subdivision (a) or (b) of Section 647 or subdivision (a) of Section
40653.22 of the Penal Code.

begin insert

P4    1(2) Has been adjudged a dependent of the juvenile court
2pursuant to paragraph (2) of subdivision (b) of Section 300.

end insert
begin insert

3(3) Has been the victim of abduction, as described in Section
4267 of the Penal Code.

end insert
begin insert

5(4) Meets the definition of a victim of a severe form of
6trafficking, as defined in Section 7105 of Title 22 of the United
7States Code.

end insert
begin insert

8(b) If a minor is arrested or detained for an alleged violation
9of subdivision (a) or (b) of Section 647 of the Penal Code or of
10subdivision (a) of Section 653.22 of the Penal Code, or if a minor
11is the subject of a petition to adjudge him or her a dependent of
12the juvenile court pursuant to paragraph (2) of subdivision (b) of
13Section 300, he or she shall be presumed to be a commercially
14sexually exploited minor, as defined in subdivision (a).

end insert
15

SEC. 5.  

Section 18259.5 of the Welfare and Institutions Code
16 is repealed.

begin delete
17

18259.5.  

This chapter shall remain in effect only until January
181, 2017, and as of that date is repealed, unless a later enacted
19statute, that is enacted before January 1, 2017, deletes or extends
20that date.

end delete


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